Senate Bill No. 704
(By Senator Prezioso)
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[Introduced February 20, 2006; referred to the Committee
on Pensions; and then to the Committee on Finance.]
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A BILL to amend and reenact §25-1-11d of the Code of West Virginia,
1931, as amended; and to amend and reenact §49-5E-5a of said
code, all relating to providing that correctional officers and
juvenile corrections officers may retire with full benefits
after twenty years of actual and honorable service.
Be it enacted by the Legislature of West Virginia:
That §25-1-11d of the Code of West Virginia, 1931, as amended,
be amended and reenacted; and that §49-5E-5a of said code be
amended and reenacted, all to read as follows:
CHAPTER 25. DIVISION OF CORRECTIONS.
ARTICLE 1. ORGANIZATION, INSTITUTIONS AND CORRECTIONS MANAGEMENT.
§25-1-11d. Compensation of employees approved by commissioner;
traveling and other expenses; payment of salaries.
The Commissioner of Corrections shall approve the salaries of
all employees of the Division of Corrections. Salaries shall be
commensurate with their duties and responsibilities, but no meals
or other emoluments of any kind shall be furnished, given or paid to the employee as all or part of their salary. The employees may
be provided meals, household facilities and supplies as may be
necessary for them to perform their duties, if the employees agree
to pay the reasonable cost as established by the Commissioner of
Corrections. In the event of an emergency, such as a riot or other
disturbance, the commissioner may authorize meals be provided to
employees at no cost. Additionally, the commissioner may establish
a procedure to reimburse employees reasonable costs in the event
the employee's personal property is stolen or damaged by an inmate.
All persons employed under this article are entitled to be
reimbursed for necessary traveling and other expenses. The
salaries, expenses and appropriations provided for the employees
under the commissioner's jurisdiction shall be paid in the same
manner as are those of other state employees and agencies and on a
payment schedule set forth by the State Auditor.
Notwithstanding any provisions of this code to the contrary,
correctional officers shall be allowed to retire after twenty years
of actual and honorable service, with full benefits under the
provisions of article ten, chapter five of this code. The Public
Employees Retirement Board of Trustees is hereby directed to
promulgate rules for legislative approval in accordance with
provisions of article three, chapter twenty-nine-a of this code
designed to implement the retirement of correctional officers
provided herein.
CHAPTER 49. CHILD WELFARE.
ARTICLE 5E. DIVISION OF JUVENILE SERVICES.
§49-5E-5a. Juvenile detention and corrections facilities;
employees; priority of hiring.
(a) Notwithstanding any provision of this code to the
contrary, the division, when employing any persons to complete the
approved staffing plan of any of its juvenile detention or
corrections facilities, shall employ any person otherwise qualified
who applies for a position at the juvenile detention or corrections
facility who was also employed in good standing at a county or
local jail facility, at the time of its closing, that was closed
due to the completion of a regional jail.
(b) All persons employed at a juvenile detention or
corrections facility shall be employed at a salary and with
benefits consistent with the approved plan of compensation of the
Division of Personnel, created under section five, article six,
chapter twenty-nine of this code; all such employees shall also be
covered by the policies and procedures of the education and state
employees grievance board, created under section five, article
six-a, chapter twenty-nine of this code and the classified service
protection policies of the Division of Personnel.
(c) Notwithstanding any provisions of this code to the
contrary, juvenile corrections officers shall be allowed to retire
after twenty years of actual and honorable service, with full
benefits under the provisions of article ten, chapter five of this
code. The Public Employees Retirement Board of Trustees is hereby
directed to promulgate rules for legislative approval in accordance
with provisions of article three, chapter twenty-nine-a of this code designed to implement the retirement of juvenile corrections
officers provided herein.
NOTE: The purpose of this bill is to provide that correctional
officers and juvenile corrections officers may retire with full
benefits after twenty years of actual and honorable service.
Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.